Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 38987-38988 [E8-15375]

Download as PDF Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices All–Others Rate For the final determination, we have continued to assign as the all–others rate the simple average of the margins in the petition in accordance with the Department’s current practice. See Preliminary Determination, 73 FR at 21912, and Comment 2 of the Decision Memorandum accompanying this notice for further discussion. determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of Manufacturer/exporter Margin (percent) APO materials or conversion to judicial BASF AG ...................... 237.00 protective order is hereby requested. All Others ...................... 150.82 Failure to comply with the regulations and the terms of an APO is a Continuation of Suspension of sanctionable violation. Liquidation This determination is issued and Pursuant to section 735(c)(1)(B) of the published pursuant to sections 735(d) and 777(i)(1) of the Act. Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to Dated: June 30, 2008. suspend liquidation of all entries of David M. Spooner, subject merchandise from Germany, Assistant Secretary for Import entered, or withdrawn from warehouse, Administration. for consumption on or after April 23, Appendix—Issues in Decision 2008, the date of publication of the Memorandum Preliminary Determination. We will instruct CBP to require a cash deposit or Comments the posting of a bond equal to the Issue 1: Selection of the Adverse Facts weighted–average dumping margins, as indicated in the chart above, as follows: Available Rate for BASF (1) the rate for the firm listed above will Issue 2: Selection of the All–Others Rate [FR Doc. E8–15458 Filed 7–7–08; 8:45 am] be the rate we have determined in this final determination; (2) if the exporter is BILLING CODE 3510–DS–S not a firm identified in this investigation, but the producer is, the DEPARTMENT OF COMMERCE rate will be the rate established for the producer of the subject merchandise; (3) National Oceanic and Atmospheric the rate for all other producers or Administration 1 These exporters will be 150.82 percent. RIN 0648–XI83 suspension–of-liquidation instructions will remain in effect until further notice. Magnuson-Stevens Act Provisions; International Trade Commission General Provisions for Domestic Notification Fisheries; Application for Exempted Fishing Permits In accordance with section 735(d) of the Act, we have notified the AGENCY: National Marine Fisheries International Trade Commission (ITC) of Service (NMFS), National Oceanic and our final determination. As our final Atmospheric Administration (NOAA), determination is affirmative and in Commerce. accordance with section 735(b)(2) of the ACTION: Notice; request for comments. Act, the ITC will determine, within 45 days, whether the domestic industry in SUMMARY: The Assistant Regional the United States is materially injured, Administrator for Sustainable Fisheries, or threatened with material injury, by Northeast Region, NMFS (Assistant reason of imports or sales (or the Regional Administrator), has made a likelihood of sales) for importation of preliminary determination that an the subject merchandise. If the ITC Exempted Fishing Permit (EFP) ebenthall on PRODPC60 with NOTICES Final Determination of Investigation We determine that the following weighted–average dumping margins exist for the period October 1, 2006, through September 30, 2007: 1 This rate was incorrectly stated as 237.00 percent in the ‘‘Suspension of Liquidation’’ section of the Preliminary Determination. See Preliminary Determination, 73 FR at 21912. VerDate Aug<31>2005 15:11 Jul 07, 2008 Jkt 214001 application submitted by the University of New England (UNE) and the New England Aquarium (NEA) contains all of the required information and warrants PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 38987 further consideration. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Northeast (NE) Skate Complex and NE Multispecies Fishery Management Plans (FMPs). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. This EFP, which would enable researchers to study the immediate and short-term post-release mortality of skates, would grant exemptions from the regulations as follows: Retaining, possessing, or landing prohibited skate species, and skate possession limits for sampling purposes. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments must be received on or before July 23, 2008. ADDRESSES: You may submit written comments by any of the following methods: • Email: DA8–145@noaa.gov. Include in the subject line ‘‘Comments on UNE/ NEA skate bycatch mortality EFP.’’ • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on UNE/NEA skate bycatch mortality EFP, DA8–145.’’ • Fax: (978) 281–9135. FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist, 978–281–9244. SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on June 12, 2008, by Dr. James Sulikowski, from the Marine Science Center of UNE, for a project funded by the NOAA Saltonstall-Kennedy Grant Program. The primary goal of this project is to provide data to determine the immediate and short-term survivability of winter, smooth, little, and thorny skates. This research could provide valuable information for future skate management objectives. Results will be provided to the Northeast Fisheries Science Center and the New England Fishery Management Council. Researchers will also disseminate E:\FR\FM\08JYN1.SGM 08JYN1 ebenthall on PRODPC60 with NOTICES 38988 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices results to a public audience at the NEA to increase awareness of skate conservation. Since the stocks of these species are at or near overfished biomass thresholds, and winter and little skates are subject to directed fisheries, research on bycatch mortality of these species is needed. In order to conduct this research, the principal investigators have requested an exemption from possessing and handling prohibited skate species. Additionally, an exemption from skate possession restrictions would authorize project investigators to temporarily possess fish for scientific data collection purposes prior to returning all fish to the sea. Two vessels would each conduct 50 trips in conjunction with commercial days-at-sea (DAS) trips, with one vessel fishing with commercial otter trawl gear and the other fishing with commercial gillnets. Both vessels would use standard commercial gear. Tows would vary in time among 30, 60, and 120 minutes to account for variations in tow duration that occur under normal fishing conditions. Gillnet soak times would vary but not exceed 24 hr. Two fishing trials would be conducted. The first would occur from September through November 2008. The second would occur from March through May 2009. Research would occur in the inshore and offshore waters off of New Hampshire and southern Massachusetts. These areas support the vast majority of skate landings that can also be accessed during normal fishing operations. All fishing would occur as day trips, and no fishing would occur in closed areas or during rolling closures. Only winter, thorny, smooth and little skates would be used for scientific research purposes. Northeast multispecies would be landed and sold, up to the current DAS possession limits. The researchers propose fishing a total of 100 sea days; 50 days fishing with gillnet gear and 50 fishing with trawl gear. In other words, each vessel would fish for 25 days during each of the 2 trials (fall and spring). The objective is to assess at least 300 specimens of each of the 4 skate species per season, for a total 1,200 specimens per season, and 2,400 specimens for the entire project. The researchers plan to stagger trials in order to both deploy and retrieve pens on a given day, thus maximizing the number of trials that can be conducted in the proposed number of sea days. In order to identify possible influences on discard mortality, the following variables would be recorded: Deck-time, season (fall, spring), depth of fishing, air and bottom seawater VerDate Aug<31>2005 15:11 Jul 07, 2008 Jkt 214001 temperatures, estimated weight of catch, the total length and gender of skates, and handling techniques (e.g., picked or not picked; duration of deck exposure). When catch is hauled aboard, all skates would be tagged with spaghetti tags. Skates would either be immediately placed into a live well by one of the handling methods (without a pick or with a pick) or remain on the deck for 15 and 30 minutes before being transferred to live wells. While in the wells, specimens would be visually assessed. Any specimens that die prior to placement within a net pen would be placed on ice for subsequent necropsy. Viable skates would be placed in experimental holding pens to be submerged and deployed to the seafloor for 72-hour trials. A total of 8 net pens would be used, with 20 to 40 skates in each pen. The modified basic shape would form a three-dimensional hexagon with each of the six rectangular sides measuring 5 ft (height) x 6 ft (length). Two PVC skeletons would be used for the bottom and top of each pen. Six vertical sections 5 feet in height would support the structure. The netting covering the pen would consist of 3 or 4–inch diamond mesh tetra twine. The base of each pen would be filled and weighted down with a heavy composite and would be affixed to the seafloor by 2 or 3 40–pound mushroom anchors to reduce the likelihood of pen rollover. Pens would be maneuvered in the water column using bridles secured to whale-safe swivels connected to a main tag line. Each pen would be marked at the surface with a highflyer and buoy. In order to conduct control trials, UNE proposes to capture a few skates by handlines. If it proves to be unfeasible to capture enough skates by this method to make a statistically robust number of trials, vessels would conduct abbreviated trawls (e.g., 5-minute tows) to obtain minimally stressed controls. The applicant may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. PO 00000 Authority: 16 U.S.C. 1801 et seq. Frm 00021 Fmt 4703 Sfmt 4703 Dated: July 1, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–15375 Filed 7–7–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Foothill/Eastern Transportation Corridor Agency National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Notice of Public Hearing. AGENCY: SUMMARY: This notice provides information about a public hearing to be held by the National Oceanic and Atmospheric Administration (NOAA) in Irvine, California. The hearing involves an administrative appeal filed with the Department of Commerce by the Foothill/Eastern Transportation Corridor Agency and its board of directors (TCA). This notice also announces the reopening of the public and Federal agency comment period for the TCA Consistency Appeal, beginning July 21, 2008 and running through August 4, 2008. DATES: NOAA will conduct a public hearing in the TCA Consistency Appeal on July 25, 2008. The hearing will begin at 10:30 a.m. and will continue until 8:30 p.m. Speaker registration begins at 10 a.m. on the day of the hearing. ADDRESSES: The public hearing and speaker registration will be held at the University of California, Irvine, Bren Events Center, 100 Bren Events Center, Irvine, California 92697. Written comments on issues relevant to the Secretary’s decision in this appeal may be submitted at the hearing. In addition, from July 21, 2008 to August 4, 2008, comments may be submitted by e-mail to gcos.comment@noaa.gov or by mail addressed to Thomas Street at the NOAA Office of the General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA Office of the General Counsel, 301–713–2967, or Stephanie Campbell, Attorney-Advisor, NOAA Office of the General Counsel, 301–713–2967, or gcos.inquiries@noaa.gov. SUPPLEMENTARY INFORMATION: On February 15, 2008, TCA filed notice of an appeal with the Secretary of E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38987-38988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15375]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI83


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), 
has made a preliminary determination that an Exempted Fishing Permit 
(EFP) application submitted by the University of New England (UNE) and 
the New England Aquarium (NEA) contains all of the required information 
and warrants further consideration. The Assistant Regional 
Administrator has made a preliminary determination that the activities 
authorized under this EFP would be consistent with the goals and 
objectives of the Northeast (NE) Skate Complex and NE Multispecies 
Fishery Management Plans (FMPs). However, further review and 
consultation may be necessary before a final determination is made to 
issue an EFP. Therefore, NMFS announces that the Assistant Regional 
Administrator proposes to recommend that an EFP be issued that would 
allow two commercial fishing vessels to conduct fishing operations that 
are otherwise restricted by the regulations governing the fisheries of 
the Northeastern United States. This EFP, which would enable 
researchers to study the immediate and short-term post-release 
mortality of skates, would grant exemptions from the regulations as 
follows: Retaining, possessing, or landing prohibited skate species, 
and skate possession limits for sampling purposes.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed EFPs.

DATES: Comments must be received on or before July 23, 2008.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: DA8-145@noaa.gov. Include in the subject line 
``Comments on UNE/NEA skate bycatch mortality EFP.''
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE 
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope ``Comments on UNE/NEA skate bycatch mortality 
EFP, DA8-145.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on 
June 12, 2008, by Dr. James Sulikowski, from the Marine Science Center 
of UNE, for a project funded by the NOAA Saltonstall-Kennedy Grant 
Program. The primary goal of this project is to provide data to 
determine the immediate and short-term survivability of winter, smooth, 
little, and thorny skates. This research could provide valuable 
information for future skate management objectives. Results will be 
provided to the Northeast Fisheries Science Center and the New England 
Fishery Management Council. Researchers will also disseminate

[[Page 38988]]

results to a public audience at the NEA to increase awareness of skate 
conservation.
    Since the stocks of these species are at or near overfished biomass 
thresholds, and winter and little skates are subject to directed 
fisheries, research on bycatch mortality of these species is needed. In 
order to conduct this research, the principal investigators have 
requested an exemption from possessing and handling prohibited skate 
species. Additionally, an exemption from skate possession restrictions 
would authorize project investigators to temporarily possess fish for 
scientific data collection purposes prior to returning all fish to the 
sea.
    Two vessels would each conduct 50 trips in conjunction with 
commercial days-at-sea (DAS) trips, with one vessel fishing with 
commercial otter trawl gear and the other fishing with commercial 
gillnets. Both vessels would use standard commercial gear. Tows would 
vary in time among 30, 60, and 120 minutes to account for variations in 
tow duration that occur under normal fishing conditions. Gillnet soak 
times would vary but not exceed 24 hr. Two fishing trials would be 
conducted. The first would occur from September through November 2008. 
The second would occur from March through May 2009. Research would 
occur in the inshore and offshore waters off of New Hampshire and 
southern Massachusetts. These areas support the vast majority of skate 
landings that can also be accessed during normal fishing operations. 
All fishing would occur as day trips, and no fishing would occur in 
closed areas or during rolling closures. Only winter, thorny, smooth 
and little skates would be used for scientific research purposes. 
Northeast multispecies would be landed and sold, up to the current DAS 
possession limits.
    The researchers propose fishing a total of 100 sea days; 50 days 
fishing with gillnet gear and 50 fishing with trawl gear. In other 
words, each vessel would fish for 25 days during each of the 2 trials 
(fall and spring). The objective is to assess at least 300 specimens of 
each of the 4 skate species per season, for a total 1,200 specimens per 
season, and 2,400 specimens for the entire project. The researchers 
plan to stagger trials in order to both deploy and retrieve pens on a 
given day, thus maximizing the number of trials that can be conducted 
in the proposed number of sea days.
    In order to identify possible influences on discard mortality, the 
following variables would be recorded: Deck-time, season (fall, 
spring), depth of fishing, air and bottom seawater temperatures, 
estimated weight of catch, the total length and gender of skates, and 
handling techniques (e.g., picked or not picked; duration of deck 
exposure). When catch is hauled aboard, all skates would be tagged with 
spaghetti tags. Skates would either be immediately placed into a live 
well by one of the handling methods (without a pick or with a pick) or 
remain on the deck for 15 and 30 minutes before being transferred to 
live wells. While in the wells, specimens would be visually assessed. 
Any specimens that die prior to placement within a net pen would be 
placed on ice for subsequent necropsy.
    Viable skates would be placed in experimental holding pens to be 
submerged and deployed to the seafloor for 72-hour trials. A total of 8 
net pens would be used, with 20 to 40 skates in each pen. The modified 
basic shape would form a three-dimensional hexagon with each of the six 
rectangular sides measuring 5 ft (height) x 6 ft (length). Two PVC 
skeletons would be used for the bottom and top of each pen. Six 
vertical sections 5 feet in height would support the structure. The 
netting covering the pen would consist of 3 or 4-inch diamond mesh 
tetra twine. The base of each pen would be filled and weighted down 
with a heavy composite and would be affixed to the seafloor by 2 or 3 
40-pound mushroom anchors to reduce the likelihood of pen rollover. 
Pens would be maneuvered in the water column using bridles secured to 
whale-safe swivels connected to a main tag line. Each pen would be 
marked at the surface with a highflyer and buoy.
    In order to conduct control trials, UNE proposes to capture a few 
skates by handlines. If it proves to be unfeasible to capture enough 
skates by this method to make a statistically robust number of trials, 
vessels would conduct abbreviated trawls (e.g., 5-minute tows) to 
obtain minimally stressed controls.
    The applicant may request minor modifications and extensions to the 
EFP throughout the year. EFP modifications and extensions may be 
granted without further notice if they are deemed essential to 
facilitate completion of the proposed research and have minimal impacts 
that do not change the scope or impact of the initially approved EFP 
request. Any fishing activity conducted outside the scope of the 
exempted fishing activity would be prohibited.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-15375 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-22-S